On The Estate of Apollodorus

Argument

Eupolis, Thrasyllus (I.), and Mneson were brothers. Mneson died without issue; Thrasyllus (I.) died leaving a son, Apollodorus; Eupolis, the sole survivor of the three, acted with great injustice towards Apollodorus. Archedamus, therefore, the grandfather of the man who makes the speech, being married to Apollodorus's mother after her first husband's death, pitying Apollodorus because he was an orphan, claimed a large sum of money from Eupolis on account of the wrongs committed by the latter against Apollodorus. Mindful of this kindness Apollodorus introduced Thrasyllus, the son of his half-sister and grandson of Archedamus, to his fellow-wardsmen as his adopted son. Thrasyllus (II.) had already been inscribed among the members of the families and of the ward, but had not yet been placed on the official register of the deme, when Apollodorus died. After Apollodorus's death Thrasyllus (II.) was inscribed on the register; nevertheless the daughter of Eupolis, the uncle of Apollodorus contested the succession against Thrasyllus (II.), alleging that it was not by any means in accordance with the wishes of Apollodorus that Thrasyllus had been inscribed among the wardsmen and kindred, and that the adoption was fictitious. Such is the subject of the trial; the discussion turns on a question of fact, and so, with great skill and ingenuity, the speaker explains the enmity of Apollodorus towards Eupolis, which supplies a strong presumption that he did not wish that his property should be inherited by Eupolis's daughter.

I should have thought, gentlemen, that there was one class of adoptions which could not be disputed, namely, those which are made by the adopter personally in his lifetime and in full possession of his faculties, after he has led his adopted son to the domestic shrines and presented him to his kindred and inscribed him in the official registers, and himself carried out all the proper formalities.

On the other hand, a dispute might well arise when a man, feeling that his end is near, has disposed of his property in favor of another, if anything should happen to him, and putting his wishes in a written document has sealed it up and deposited it in the custody of others. By the former method the adopter sets forth his wishes with perfect clearness, making the whole transaction valid in the manner permitted by the laws; whereas the man who commits his wishes to a sealed-up will makes them secret, with the result that claimants often think fit to contest the succession against adopted sons, alleging that the will is a forgery. It appears, however, that this distinction is of little practical value; for though my adoption was quite openly carried out, yet representatives of Eupolis's daughter have come forward to contest my right to Apollodorus's estate.

If I observed that you prefer a protestation[*](See Isaeus 2, Introduction.) to a direct action, I should have brought forward witnesses to show that the estate is not liable to adjudication, seeing that Apollodorus adopted me in the proper legal form; but since I am sensible that by the former method the rights of the case cannot fully be made known to you, I have myself come forward to explain the facts so that they may bring no charge against us of being unwilling to submit to such a trial.

I shall prove to you, not only that Apollodorus was prevented from leaving his estate to his nearest relatives by the many injuries which he had sustained at their hands, but also that he legally adopted me, his nephew, after having received great benefits from my family. I beg you all, gentlemen, to accord me your goodwill, and, if I can prove that my opponents are laying impudent claim to the estate, to help me to obtain my just rights. I will speak as briefly as I can, relating to you all that has happened from the beginning.

Eupolis, Thrasyllus, and Mneson were brothers, children of the same father and mother. Their father left them a large property, so that each of them was considered able to perform public offices in the city. This fortune the three brothers divided amongst themselves. Two of them died about the same time, Mneson here in Athens, unmarried and without issue, Thrasyllus in Sicily,[*](During the Sicilian expedition of 415-413 B.C.) having been chosen as one of the trierarchs, leaving a son Apollodorus, who afterwards adopted me.

Eupolis, the sole survivor of the three brothers, was not content to enjoy only a part of the family fortune, but seized for himself the whole of Mneson's estate, half of which belonged to Apollodorus, alleging that his brother had given it to him, and, as guardian, so administered the affairs of Apollodorus that he was condemned to restore three talents to him.

For my grandfather Archedamus, from the time that he married Apollodorus's mother, my grandmother, seeing that he was deprived of all his fortune, took him to his own house and to his mother and brought him up while he was a boy, and, when he came to man's estate, assisted him to bring an action and secured the restitution of the half-share of the estate left by Mneson and all that Eupolis embezzled in his capacity as guardian, winning two law-suits, and so enabled Apollodorus to recover all his fortune.

As a result Eupolis and Apollodorus were always at enmity with one another, while my grandfather and Apollodorus were naturally close friends. The acts of Apollodorus supply the best evidence that he has received kind treatment for which he thought fit to make return to his benefactors. For, when my grandfather met with misfortune and was taken a prisoner of war, Apollodorus consented to contribute money for his ransom and act as a hostage for him until he could raise the necessary sum of money.

When Archedamus had been reduced from affluence to embarrassment, Apollodorus helped him to look after his affairs, sharing his own money with him. Again, when he was on the point of starting for Corinth on military service,[*](Athenian troops were engaged in the region of Corinth from 394 to 390 B.C.) he made a will in case anything happened to him and devised his property to Archedamus's daughter, his own sister and my mother, providing for her marriage with Lacratides, who has now become hierophant.[*](The official who displayed the sacred emblems at the Eleusinian mysteries; he was a member of the house of the Eumolpidae.) Such was his conduct towards us who had originally saved him from ruin.

To prove the truth of my statements that Apollodorus won two actions against Eupolis, one in respect of his guardianship and the other concerning the half-share of Mneson's estate, my grandfather having supported his case and speaking on his behalf, and that it was thanks to us that he recovered his fortune, and that he requited these good services of ours—on all these points I wish first to produce the witnesses. Please summon them hither.

Witnesses

Such is the nature and importance of the benefits which Apollodorus received from us; on the other hand, his feelings of enmity towards Eupolis had their origin in disputes about such large sums of money that it is impossible to pretend that they could ever make up their quarrel and become friends. A convincing proof of their enmity is the fact that, though Eupolis had two daughters and was descended from the same ancestors and saw that Apollodorus was possessed of money, yet he gave neither of them to him in marriage.

Yet it is generally held that marriages reconcile serious animosities not only between relatives but also between ordinary acquaintances, when they entrust one another with what they value most. Whether Eupolis has been to blame in not wishing to give his daughter or Apollodorus in being unwilling to accept her, the fact has proved that their enmity continued.

What has been said about their quarrel is, I think, sufficient; for I know that the older men among you remember that they were opponents in the law-courts, for the importance of the cases and the fact that heavy damages were obtained by Archidamus gave publicity to their quarrel. I must now ask you, gentlemen, to give your kind attention to the proofs, that Apollodorus himself adopted me during his lifetime and gave me power over his property and inscribed me in the registers of the members of the families and of the ward.

Now Apollodorus had a son whom he brought up and dearly cherished, as indeed was only natural. As long as this child lived, he hoped to make him heir to his property; but when he fell ill and died in the month of Maemacterion[*](October to November.) of last year, Apollodorus, depressed by his misfortunes and viewing his advanced age with regret, did not fail to bethink him of the family at whose hands he had in earlier years received kindness; so he came to my mother, his own sister, for whom he had a greater regard than for anyone else, and expressed a wish to adopt me and asked her permission, which was granted.

He was so determined to act with all possible haste that he straightway took me to his own house and entrusted me with the direction of all his affairs, regarding himself as no longer capable of managing anything himself, and thinking that I should be able to do everything. When the Thargelia[*](A festival celebrated on the 6th and 7th of the month of Thargelion (May to June).) came round, he conducted me to the altars and to the members of the families and ward.

Now these bodies have a uniform rule, that when a man introduces his own son or an adopted son, he must swear with his hand upon the victims that the child whom he is introducing, whether his own or an adopted son, is the offspring of an Athenian mother and born in wedlock; and, even after the introducer has done this, the other members still have to pass a vote, and, if their vote is favorable, they then, and not till then, inscribe him on the official register; such is the exactitude with which their formalities are carried out.

Such being the rule, the members of the families and of the ward having full confidence in Apollodorus and being well aware that I was his sister's son, passed an unanimous vote and inscribed my name in the public register, after Apollodorus had sworn with his hand upon the victims. Thus I was adopted by him in his lifetime and my name inscribed in the public register as Thrasyllus the son of Apollodorus, after he had adopted me in this manner, as the laws have given him the power to do. To prove that I am speaking the truth, please take the depositions.

Depositions

I imagine, gentlemen, that you would more readily believe those who have given evidence, if certain of the relatives of the same degree as my opponent have obviously attested by their conduct that Apollodorus carried out the adoption in a correct and legal manner. Now Eupolis left two daughters, one who is the present claimant and the wife of Pronapes, and another whom Aeschines of Lusia married and who is dead, but left a son Thrasybulus, who is now of full age.

There is a law which provides that, if a brother by the same father dies without issue and intestate, his property shall be divided equally between his surviving sister and any nephew who has been born from another sister. My opponents themselves are well aware of this, as their actual conduct has proved; for, Eupolis's son, Apollodorus (II.), having died without issue, Thrasybulus has received half his estate, which may fairly be estimated at five talents.